The authenticity of bills and the presence of mens rea are crucial factors in determining liability under the Sikkim Anti Drugs Act, 2006.

ORDER :

Meenakshi Madan Rai, J.

1. These three Bail Petitions are being disposed of by a common Order, emanating as they do from a common FIR.

2. The FIR, Annexure 1, registered as Melli P.S. Case No.11/2020, dated 24-04-2020, under Section 7/9/14 of the Sikkim Anti Drugs Act, 2006 (for short, “SADA, 2006”) read with Section 7(1)(b)/7(4) [sic] of the Sikkim Anti Drugs (Amendment) Act, 2017, was lodged by Sub-Inspector Melli Police Station before the Station House Officer, Melli P.S. on 24-04-2020, upon information from Assistant Sub-Inspector Durga Prasad Gurung deployed at Melli Check Post, that on routine checking of incoming and outgoing vehicles at Melli Check Post, a truck bearing registration No.SK 04 D 0794 was intercepted at the check post. The vehicle was carrying poultry feed for which the driver furnished the relevant bill. Further checking of the vehicle led to the discovery of some boxes of medicines for two medical Stores at Melli Bazaar, namely, M/s. Jawahar Lall Gupta Medical Store and M/s. Achhay Lal Gupta Medical Store. On opening one of the boxes, controlled substances being Cough Syrup was suspected to be in the said boxes. Thereafter, a search of the vehicle was conducted by the SI in the presence of two independent witnesses and the Sub-Divisional Police Officer (SDPO), Jorethang in terms of the provisions of Section 22 of the SADA, 2006. 36 (thirty-six) bottles of Rexdryl Cough Syrup each containing 100 ml. were recovered from the truck on such search pursuant to which the FIR came to be lodged.

3. Learned Counsel for the Petitioner advancing his submissions for the Petitioner Raj Kumar Gupta, in Bail Appln. No.04 of 2020, contended that although the truck was authorised only to carry poultry feed, yet the Petitioner who runs a duly licensed medical store at Melli had requested the truck owner to instruct the driver to bring some medicines which were urgently required in his shop. That, owing to the pandemic and the restricted movement of vehicles, the Petitioner was unable to procure the medicines which were required by the public at large or any other vehicle to ferry the goods. On the day of the search and seizure of the vehicle, i.e., 24-04-2020, 36 bottles of controlled Cough Syrup were found in the truck along with the other medicines in 24 cartons, requisitioned by the Petitioner and co-accused Achhay Lal Gupta, duly supplied by M/s. Sunrise Distributors, Siliguri. That, the driver had forgotten to carry the bills prepared by the said supplier when he had picked up the said medicines along with the controlled substances which were also included in the bill. That, Annexure 8 to the Petition is certified to be a true copy of the bill, dated 23-04-2020, furnished by M/s. Sunrise Distributors reflecting the name of the 14 other medicines, besides the Cough Syrup listed at serial no.15 therein with payment made. That, although the bill could not be furnished on 24-04-2020 the Petitioner sought time from the Police and furnished it on 25-04-2020, the very next day. That, this bill was duly verified by the I.O. from the Distributor and found to be genuine. That, the Licence, Annexure 5, issued to M/s. Jawahar Lall Gupta by the Health and Family Welfare Department, Drugs and Cosmetic Cell, Government of Sikkim, under the Drugs and Cosmetics Act, 1940, permitted sale of all categories of drugs including Schedule “H” Drugs of the Drugs and Cosmetics Rules, 1945, except the drugs listed at Schedule C and C(1) of the said Rules and covered the requirements of Section 7 of the SADA, 2006. Consequently, on the bill having been furnished, it is evident that the Petitioner had committed no offence as booked and deserves to be enlarged on bail. That, the Petitioner is a permanent resident of Melli Bazaar, conducting his ancestral business therein besides being a respectable citizen with no criminal antecedents. Hence, the question of him absconding does not arise. That, the Petitioner undertakes to abide by any condit